RAMESH VAGHJIBHAI JETHVA Vs. BHIMABHAI LAKHABHAI AAGADH

JUDGEMENT

(1.) By this appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short), original claimant as appellant has challenged the judgment and award dtd. 1/10/2007, passed by the Motor Accident Claims Tribunal (Aux.) & Presiding Officer, 7 th F.T.C. Gondal Camp at Dhoraji, in MACP No. 621 of 2000, whereby learned Tribunal awarded compensation of Rs.35,000.00 along with interest @7.5% p.a. from the date of filing of the claim petition till its realisation.

(2.) Brief facts are that, for the vehicular accident occurred on 8/5/2000, the original claimant filed claim petition under sec. 166 of the Act, being MACP No.621 of 2000. It was case of the original claimant that the accident took place near Dhoraji High way while the claimant was going in an Ambassador Motorcar driven by Hansarj Bariaya. The Ambassador Motorcar No. GJ-7V- 60 dashed with the truck No. GJ-3V-9657 because of which, the driver of the car died on the spot and the present appellant received bodily injuries. It was case of the original claimant- appellant that the accident occurred on account of sole negligence on the part of the truck driver and the bodily injuries sustained on the left wrist resulted into permanent disablement. Therefore, the appellant filed claim petition seeking compensation of Rs.2,00,000.00. It was case of the appellant before the Tribunal that at the time of accident, the appellant was earning Rs.3,000.00 p.m.

(3.) Upon claim petition being filed, the notices came to be issued. Upon service of notice, the opponents appeared and filed their respective written statements. The Tribunal after hearing the parties and upon appreciation of evidence on record held as under: